Builder complaints when contract above 500K

Hi not sure if this is the right place to post my question, my family has a small commercial development in Perth building a couple of shops with apartments above the builder/development company that is doing the work has some questionable workmanship.
I know with houses you can go to the building commissioner when the contract is between 75 -500k,
what happens with mixed use commercial/residential buildings above 500k?
Our relationship with the builder is ok but probably wont be when we push him to redo the work. How do we force him to redo the questionable work? Its a fixed price contract.
Any help appreciated

 

Regardless of whether it's a fixed price contract, they are still bound to the contract which requires work to a certain standard. It's likely that the commission or HIA will ask if you have attempted to resolve the issues with the builder directly. Perhaps ask for a site meeting and point out your concerns? Or you could even look at getting and independent building inspector out to provide a report for you. Again, you'd have to gain permission from the builder first but if you approach it properly they shouldn't have a problem.

 

I agree that a building inspector is probably the best way to go. They will assess the workmanship to the BCA codes and provide photos of where it doesn't comply and what should be done to rectify it.
What type of questionable workmanship are we talking about?

 

I guess his question is how do we enforce builder to rectify the defects as commercial building is not controlled by Building Commission. Which government body should he lodge complaint or ask for enforcement?

 

I believe it is still the Building Commission. You can complain to the HIA and the MBA but as they represent the builder they don't carry as much weight as the Building Commission

Building service and home building work contract complaints

I believe the first item above has been met but not the second but it's an OR statement so they can complain under the first item.

However a licensed building inspector would be my first go to and they are usually quite adept at getting things resolved.

 

I agree it would be the Building Commission that would handle it. Even if it says "an owner or builder under a contract for home building work valued between $7,500 and $500,000" you said you are building shops and apartments, so not strictly home building.

the Act also states

"(1) Subject to the regulations, a person may make a complaint to the Building Commissioner about a regulated building service not being carried out in a proper and proficient manner or being faulty or unsatisfactory."

 

There is absolutely no point in complaining to the HIA or MBA as they are both Employer organisations and provide professional services to the building industry eg: legal advice, nor are they regulators.

The main course of action is either mediation (cheaper) or courts to remedy breaches of the contract - once discussion and negotiation has failed.

 

Assuming the builder is making progress claims as work is completed, this should provide you with a bit of leverage depending on how for you are in to the project.

Our clients, Architects/Project Managers will generally hold off final payments until our "defects" have been rectified.

 

Hi thanks for replies I will get in touch with the building commission and see what they come up with, I will get a building inspection done so at least I have a third neutral party to advise.
The main item of concern is some external cladding that keeps cracking at the joints made of fibre cement sheeting. There are a few smaller issues also.
What also is a concern there is a supervisor on site but no sign of the actual builder he has visited once is this legal?

 

Why are the joints cracking? You might want to review the type of joint or seal with flexible sealant.

The builder is the guy taking the responsibility for the site and the build (& holds tge building licemce). They engage a foreman to run the site.

The builder will undertake site meetings and inspections.

Did the builder design the building or do you have an architect who documented the project?

 

The building was designed by a draftsperson although the drawings aren't highly detailed so where the cladding is it just says to use hardiflex sheeting. So they are using 6mm sheeting and flushing the joints I thought they may have used the plastic joiners as these allow movement. The cladding is attached to steel framing which must move a lot during temp changes,
On another note I rang the building commissioner office looks like we have as much rights as a home builder, so that's good.

 

Get yourself a building surveyor who can inspect and report any shortcomings.

 

Is there other issues? What has the builder said in response to your concerns?